Transitions Film Festival – Film Submissions 2017
TERMS AND CONDITIONS OF ENTRY
Festival The Transitions Film Festival (TFF)
Film Cinematograph film of any length
Filmmaker The person submitting the entry
TFF Transitions Film Festival Limited (ACN 601384605)
Level 6, 225 Bourke Street Melbourne Vic 3000
This includes TFF’s agents, successors, assigns and licensees as well as volunteers and independent contractors.
Moral Rights Has the meaning given to it in the Copyright Act 1968 (Cth)
Owner The person legally and beneficially entitled to the rights and copyright of the Film
Rights The rights granted to TFF in clauses 1 and 2 of these Terms and Conditions.
T & C These Terms and Conditions of Entry
Works Has the meaning given to it in the Copyright Act 1968 (Cth) and includes literary, dramatic, musical or artistic works (e.g. script, characters, sound recordings, sets in the Film).
1. THE FESTIVAL
a) The Filmmaker grants the TFF a non-exclusive limited licence that permits the TFF to communicate the Film on screen to the public for the following purposes: As part of the 2017 Festival.
b) The Filmmaker agrees that the Film will be shown as part of a program of several films, the programming and scheduling of which is at the discretion of the TFF organisers.
c) TFF agrees that at all times the Filmmaker remains the Owner of the Film.
2. PROMOTION AND MARKETING
a) The Filmmaker grants TFF permission to use any extract, excerpt, part, clip, still image and/or sound recording from the Film not exceeding three (3) minutes in length and/or to use the Filmmaker’s name and biography in any media for the purpose of promoting and marketing the Festival.
“Promotion and Marketing” may include, but is not limited to:
i. The production of trailers for the Festival.
ii. Festival programming and advertising.
iii. Radio and television interviews.
iv. Uploading and screening extracts of the film on the Festival website.
b) The Filmmaker grants TFF permission to share the film screener with Festival speakers, judges, sponsors and the media for the purposes of preview and review.
The TFF may NOT do any of the following acts under the continuing licence:
i. Submit or provide the Film to third parties for broadcast purposes.
ii. Generate revenue from the Film other than revenue from conducting the Festival and other activities as set out in clause 1 above.
3. FILM SUBMISSION
I. The Filmmaker / Film Rights Owner will submit the Film to TTF on DCP or BluRay and will ensure it has undergone all appropriate technical and quality checking prior to submission.
II. TFF will retain all physical materials, including the copy of the Film that the Filmmaker submits and all submitted physical materials unless the Filmmaker provides TFF with instructions to return the material and a return address. TFF will request this information upon the film’s acceptance into the festival. TFF will pay postage costs for the return of films. Postage costs for the delivery of films to the festival are the responsibility of the Filmmaker.
III. Any Film submitted to TFF is done so at the Filmmaker’s own risk.
IV. The Filmmaker is solely responsible for the content of the Film and agrees that the Film does not contain any content that may be construed as: libellous, defamatory, obscene, pornographic, sexually, racially or ethically offensive, intimidating, threatening, hateful, discriminatory or abusive.
4. OWNERSHIP AND RIGHTS
The Filmmaker gives the following warranties:
I. The Filmmaker has legal authority to enter into this agreement and grant the Rights.
II. There are no legal actions, claims, demands or proceedings against the Film or the Filmmaker in respect of the Film.
III. The Filmmaker will not make any claim against the Festival in respect of the exercise of the Rights.
IV. The Filmmaker is the sole Owner of the underlying Works or has consent in writing from all the respective owners of the Works in the Film for the Filmmaker, the Filmmaker’s licensees, and any person authorised by the Filmmaker, (including the Festival), to do any or all of the following to their Work/s: reproduce, exploit, convert between formats, edit, alter and/or reproduce the Work/s in any manner or context.
V. Without limiting clause 4IV. above, the Filmmaker is the sole Owner of the copyright or has the relevant permission from the Owner of the copyright, in any sound recordings used in the Film and music and lyrics reproduced in those sound recordings.
VI. All performers in the Film have unconditionally consented in writing to the use of their performances in the Film.
VII. Exercise of the Rights will not infringe any rights of any third party (including copyright); and to the extent that it does, the Filmmaker has obtained written consent from each of such third parties.
VIII The Filmmaker will provide copies of any or all of the Consents listed in this clause at any time if requested to do so by the Festival.
5. MORAL RIGHTS
The Filmmaker warrants that:
I. The Filmmaker is the sole Owner of the Moral Rights in the Film for the purposes of the Copyright Act 1968 (Cth) or that the Filmmaker has obtained from each person who contributed any copyright material in or any performance to the Film, a written consent for the Filmmaker, the Filmmaker’s licensees, and any person authorised by the Filmmaker, (including TTF), to do any or all of the following to their contribution or performance: reproduce, exploit, convert between formats, edit, alter and/or reproduce the contribution or performance in any manner or context (Moral Rights Consents).
II. The Filmmaker will provide copies of any or all of the Moral Rights Consents listed in this clause at any time if requested to do so by TTF.
The Filmmaker indemnifies and will keep indemnified TFF against any claims made against TFF in connection with the Film and associated rights.
7. ENTIRE AGREEMENT
I. By completing the Film Submission Form the Filmmaker agrees that these T & C form the entire agreement in relation to the Film submitted by the Filmmaker to TFF.
II. The submitter agrees that all information provided to TFF (including, without limitation, the information set out in the entry form) is correct and not misleading.
This agreement will be governed by the laws of South Australia/Victoria.